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A clinician’s careful hands hold a delicate branching plant as if performing a precise procedure.Illustration for The General Average

What Medical malpractice insurance Requirements Apply in Delaware?

Delaware requires a malpractice plaintiff to file an affidavit of merit for each defendant, with a qualified expert’s curriculum vitae; the statute provides a single 60-day extension for good cause. A 2024 law changed the expert-testimony and affidavit framework. For a practice, this makes accurate clinician and entity schedules, prompt insurer notice, and preservation of treatment and credential records especially useful. The filing rules do not establish insurance limits or policy coverage.

What Is Medical Malpractice Insurance?

Medical malpractice insurance can pay defense costs and covered damages when a patient claims a clinician’s care caused harm. If you provide health care, match the quote to your practice, clinicians, specialties and procedures, then check who is insured. Read the national Medical malpractice guide.

What to Watch for With Medical Malpractice in Delaware

Affidavits are defendant-specific
The Delaware complaint procedure calls for an affidavit of merit for each defendant, signed by a qualified expert who meets the statutory specialty criteria. Confirm that the policy covers each clinician and professional entity that could be named; one insured’s file does not establish another’s coverage. ¹
Records can affect the only extension
The statute allows one 60-day extension for good cause, including inability to obtain relevant records despite diligent efforts. Preserve complete clinical, supervision, and entity records and notify the insurer promptly under the policy’s claim-reporting terms. ¹
Use the post-2024 expert framework
Chapter 420, Delaware Laws 2024 amended the expert and affidavit process. Older descriptions of medical negligence review panels may not describe the current route; confirm current procedures with Delaware counsel. ^1,²

Which Medical Malpractice Providers Have Delaware License Records?

These providers publish a national listing for Medical malpractice; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Delaware. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

Corgi
Insurance producer · checked 2026-09-28
Corgi Insurance Services, Inc.
Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. ¹⁰
Corgi markets medical malpractice insurance for health care professionals and organizations.
Vouch
Insurance producer, Surplus-lines broker · checked 2026-09-28
Vouch Specialty Insurance Services, LLC
Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. ¹⁵
Vouch arranges medical malpractice insurance for health care and life sciences businesses.

Who Regulates Insurance in Delaware?

Delaware Department of Insurance

The Delaware Department of Insurance licenses and regulates insurers and insurance producers, reviews regulated insurance activity, and handles complaints. Its consumer division can help you raise an insurance concern and its services page links to official license searches. ^3,^4,⁵

Website: Regulator website
License lookup: Search licensed producers
Complaints: File a complaint
Phone: (800) 282-8611

Surplus-Lines Tax and Stamping Office in Delaware

Reported tax rate. 3% of gross premium, less return premium, when Delaware is the home state ^6,⁷

When Delaware is the insured’s home state, its 3% surplus-lines premium tax applies to the entire premium of a multistate policy, less returned premiums and excluding federal and state taxes and examination fees. Ask the surplus-lines broker to confirm the home-state determination and tax calculation, and separately explain how exposures are allocated in the required reports; those allocations do not reduce the premium subject to Delaware’s tax.

Questions to Ask Before You Buy Medical Malpractice in Delaware

Does the policy identify every clinician, facility, and practice entity that may be named as a defendant?
Who must receive notice when a potential claim or records request arrives, and what cooperation and consent terms apply?
Does the quote include separate entity limits or shared limits, and are defense expenses within those limits?

Medical Malpractice Insurance in Delaware: Frequently Asked Questions

What should a Delaware practice know about an affidavit of merit?

A malpractice complaint generally requires an affidavit for each defendant from an expert meeting the statute’s qualifications. The law allows one 60-day extension for good cause, including diligent but unsuccessful efforts to obtain relevant records. ¹

Does Delaware’s affidavit law set a malpractice insurance minimum?

No. Section 6853 establishes expert and filing procedures; it does not set a policy limit. Check any separate professional, facility, employment, or contract condition that applies to the insured. ¹

Sources

15 documents, numbered as cited. Open the sources

Sources for Medical Malpractice Insurance in Delaware

1
Delaware Code, Title 18, § 6853. Delaware General Assembly; § 6853(a)–(c), affidavit per defendant, expert qualifications, record-based extension, and confidentiality. Accessed 2026-09-28.
2
Senate Bill 208, Chapter 420, Laws of Delaware 2024. Delaware General Assembly; Chapter 420, approved August 29, 2024; amendments to expert medical testimony and affidavit process. Accessed 2026-09-28.
3
Delaware Department of Insurance. Delaware Department of Insurance; Official Department homepage and regulatory resources. Accessed 2026-09-28.
4
Services. Delaware Department of Insurance; Department service directory links to the state insurance licensee search. Accessed 2026-09-28.
5
Consumer Services. Delaware Department of Insurance; Complaint filing and consumer assistance; publishes Consumer Services phone. Accessed 2026-09-28.
6
Surplus Lines Bulletin 22. Delaware Department of Insurance; Surplus Lines Bulletin 22 (October 2025; printed day is blank), reproducing 18 Del. C. § 1925: home-state tax treatment, all premium on multistate policy if Delaware is home state, 3% rate, and exclusion of federal/state taxes and examination fees from gross premium. Accessed 2026-09-28.
7
Delaware Code, Title 18, §§1923–1925. Delaware General Assembly; §1923(a)(1),(12) home-state verification and allocation records; §1924(b)(3)–(6) separate premium reporting; §1925(b)–(c) 3% tax, deductions/exclusions and full multistate premium when Delaware is home state. Accessed 2026-09-28.
8
Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
9
Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
10
Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
11
About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
12
Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
13
Licenses & Disclosures. RiskCube; Property & Casualty Producer/Broker Licenses; February 11, 2026 version. Accessed 2026-09-16.
14
Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
15
Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

What Medical malpractice insurance Requirements Apply in Delaware?

What Is Medical Malpractice Insurance?

What to Watch for With Medical Malpractice in Delaware

Affidavits are defendant-specific

Records can affect the only extension

Use the post-2024 expert framework

Which Medical Malpractice Providers Have Delaware License Records?

Corgi

Vouch